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Title 40Protection of
CHAPTER 1-Environmental Protection Agency . . . . . . . . .
CHAPTER I-ENVIRONMENTAL PROTECTION
cation Assistance and Real Property Acquisition Policies Act of 1970. Certification of Facilities.
SUBCHAPTER C-AIR PROGRAMS
National primary and secondary ambient air quality standards.
ment activities: performance standards and techniques of measurement.
SUBCHAPTER D-WATER PROGRAMS
lators of water quality standards.
result in discharges causing or contributing to water pollution. Criteria for State, local and regional oil removal contingency plans.
Part 110 115 120
Discharge of oil.
SUBCHAPTER E--PESTICIDE PROGRAMS
Regulations for the enforcement of the Federal Insecticide, Fungicide and
Federal Insecticide, Fungicide, and Rodenticide Act.
on raw agricultural commodities.
SUBCHAPTER F-RADIATION PROGRAMS [RESERVED]
SUBCHAPTER G-NOISE ABATEMENT PROGRAMS [RESERVED]
PART 2—PUBLIC INFORMATION Sec. 2.100 Scope. 2.101 General policy. 2.102 Procedures applicable to the public. 2.103 Agency procedures in response to
request. 2.104 Duties of responsible EPA office. 2.105 Exemptions. 2.106 Determinations by the Office of the
General Counsel or a Regional
Counsel. 2.107 Determinations by the Office of Pub
lic Affairs. 2.108 Creation of records. 2.109 Denial of requests for records. 2.110 copies of documents. 2.111 Payment.
AUTHORITY: The provisions of this Part 2 issued under 5 U.S.C. 552, as amended by Public Law 90-23.
SOURCE: The provisions of this part 2 appear at 36 F.R. 23058, Dec. 3, 1971, unless otherwise noted. § 2.100 Scope.
This part establishes procedures for the Environmental Protection Agency (EPA) to implement the provision of the Administrative Procedure Act (5 U.S.C. 552(a) (3)) relating to the availability to the public of identifiable records contained in agency files, and not published in the FEDERAL REGISTER. This part is applicable to all EPA components, including all EPA regional offices, field installations and laboratories. § 2.101 General policy.
It is the policy of EPA to make the fullest possible disclosure of information to any person who requests information, without unjustifiable expense or delay. Where information is exempt under 5 U.S.C. 552(b) from mandatory disclosure, the EPA Office of Public Affairs may, pursuant to $ 2.107, order disclosure in the public interest, unless such disclosure is prohibited by law. § 2.102 Procedures applicable to the
public. (a) Form of request. A request need not be in any particular form, but it (1) must be in writing, and (2) must describe the records sought with sufficient specificity to permit identification.
(b) Place of request. A request for records may be filed with the EPA Office of Public Affairs, 401 M Street SW., Washington, D.C. 20460, or with any
other EPA office. Requests for records located in the indicated States may be filed with the following EPA Regional Offices: (1) Region 1. (Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, Vermont), Room 2303, John F. Kennedy
Federal Building, Boston, Mass. 02203. (2) Region II. (New Jersey, New York,
Puerto Rico, Virgin Islands), Room 847,
26 Federal Plaza, New York, NY 10007. (3) Region III. (Delaware, Maryland, Penn
sylvania, Virginia, West Virginia, District of Columbia), Post Office Box 12900, Phila
delphia, PA 19108. (4) Region IV. (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Suite 300, 1421
Peachtree Street NE., Atlanta, GA 30309. (5) Region V. (Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin), 1 North Wacker Drive, Chicago, IL 60606. (6) Region VI. (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 1114 Commerce Street, Dallas, TX 75202. (7) Region VII. (Iowa, Kansas, Missouri,
Nebraska), Room 702, 911 Walnut Street, Kansas City, MO 64106. (8) Region VIII. (Colorado, Montana, North
Dakota, South Dakota, Utah, Wyoming), Room 9041, Federal Office Building, 19th
and Stout Streets, Denver, CO 80202. (9) Region IX. (Arizona, California, Hawaii,
Nevada, American Samoa, Guam, Trust
760 Market Street, San Francisco, CA 94102. (10) Region X. (Alaska, Idaho, Oregon,
Washington), 1200 Sixth Avenue, Seattle, WA 98101. § 2.103 Agency procedures in response
to request. Within 10 working days after receipt of a request for records by an EPA office other than the Office of Public Affairs, such office will forward a copy of the request (with the date and place of receipt noted thereon) to the EPA Office of Public Affairs. In the event the office receiving the request is not the office responsible for maintaining the records requested, the request shall be forwarded immediately to the office having such responsibility. & 2.104 Duties of responsible EPA office.
Within 10 working days after receipt of a request for records, the EPA office responsible for maintaining the records requested will:
(a) Obtain, or ascertain the location of, the records requested, and, unless a